1 Subject matter of the contract and scope of application
(1) These General Terms and Conditions apply to orders and commissions placed with Feuerwassereis, Managing Director André Hörnlein.
(2) Our offer is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are provided exclusively on the basis of these General Terms and Conditions, unless the special terms and conditions for business customers apply. The General Terms and Conditions shall also apply to all future business relations with companies, even if they are not expressly agreed again. Conflicting, supplementary or deviating terms and conditions of the buyer shall not become part of the contract unless this is expressly agreed between us and the buyer in writing (§ 126 BGB).
(4) The contract language is exclusively German.
(5) The currently valid General Terms and Conditions can be accessed on the Internet at https://kochstudio-feuerwassereis.de and printed out.
2. registration as a customer
(1) The buyer warrants that the information provided during registration is accurate and complete. The use of pseudonyms is not permitted. The buyer may not register more than once.
(2) The buyer is obliged to handle the login data with care. Without exception, the Buyer is prohibited from disclosing the login data to third parties and/or enabling third parties to access the customer account by circumventing the login data. Should the buyer receive indications of misuse of his customer account by third parties, he must inform us immediately.
(3) If the buyer’s personal details change, the buyer is responsible for updating them. The buyer can make changes online after logging into his customer account.
(4) The buyer can have his registration deleted at any time by notifying us accordingly. Upon deletion, the customer account and all associated personal data of the buyer will be irrevocably removed. This applies insofar as there is no legal obligation to retain the data or the data is still required to process orders.
(5) We are entitled to discontinue the offer of a registration and a customer account via our online store at any time. In this case, the buyer will be informed immediately of the intended discontinuation and his customer account will be irrevocably deleted with all data.
3. conclusion of contract
(1) The presentation of goods in the online store, in brochures, price lists and other advertising documents does not constitute a binding application to conclude a purchase contract with us. Rather, it is a non-binding invitation to order goods from us.
(2) By placing an order, the buyer makes a binding offer to conclude a purchase contract (§ 145 BGB). In the online store, this offer is made by clicking on the button labeled “Order now with obligation to pay”.
(3) For orders in the online store, the buyer will receive an automatically generated e-mail after receipt of his purchase offer by us, with which we confirm that we have received his order (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods is only concluded if we expressly declare acceptance within two weeks of receipt of the purchase offer or if we send the goods to the buyer without prior express declaration of acceptance.
(5) Orders are only possible in normal household quantities.
4. sale of fitted kitchens
The purchase of a fitted kitchen is only possible after consultation and presentation in our business premises at Jahnallee 2 in 04109 Leipzig, offers can be sent by the seller by e-mail and confirmed by the buyer by e-mail.
5 Cancellation of cooking courses and events
(1) In the case of cooking events, a customer cancellation up to 7 days before the event at the latest is free of charge. Cancellations up to 5 days before the event will be charged 50% of the course fee as cancellation costs. In the event of a later cancellation, 100% of the course fee will be charged as cancellation costs.
(2) Cancellations must be submitted in writing by e-mail to buchhaltung@kochstudio-feuerwassereis.de.
(3) A cash payment in the event of a goodwill cancellation is not possible; you are welcome to redeem the course fee, minus any cancellation costs, for another event.
(4) Feuerwassereis reserves the right to cancel the corresponding event at least 6 working days before the scheduled date if the minimum number of participants for our cooking courses is not reached. We expressly point out that there is no entitlement to compensation. Any course fees already paid at this time will be refunded without further claim or, alternatively, replaced by a voucher of the same amount.
6. prices
The prices for the freely bookable events are listed on the inside of our website, along with the respective menu and the scope of services, as well as the start and end times.
For closed events, the seller will prepare an exclusive offer in which a price for the requested number of people will be calculated according to the buyer’s request.
This price is also binding in the event that the buyer appears on the evening with fewer guests.
In the event that the buyer participates in the evening with more guests, the additional prices listed in the offer apply.
7. terms of payment
(1) Payment of the purchase price shall be made in advance, after receipt of the invoice within 7 days to the bank account specified in the invoice, unless another payment option is also offered.
(2) If the buyer is in default, he is obliged to pay the statutory default interest in the amount of 5 percentage points above the base interest rate. For each reminder sent to the buyer after the default has occurred, a minimum reminder fee of 5 euros may be charged, unless the buyer can prove that the damage was lower.
8. set-off/right of retention
(1) The Buyer shall only be entitled to set-off if his counterclaim has been legally established or is not disputed by us.
(2) The Buyer may only exercise a right of retention if the counterclaim is based on the same contractual relationship.
9. terms of delivery
(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address specified by the Buyer. In deviation from this, delivery shall be made from our supplier’s warehouse in the case of a direct purchase. Deliveries are only possible within Germany.
(2) If the buyer is not a consumer within the meaning of § 13 BGB, the goods shall be loaded and shipped uninsured at the buyer’s risk.
(3) From an order value of 75 Euro (incl. VAT) we deliver free of charge within the Federal Republic of Germany. If the order value is less than 75 euros, we will charge pro rata shipping costs of 4.90 euros.
(4) Delivery dates and delivery periods are only binding if they have been expressly confirmed by us in writing.
(5) If not all ordered products are in stock, we are entitled to make partial deliveries, provided this is reasonable for the buyer. Any deadlines shall only commence upon receipt of the last partial delivery.
(6) The delivery of ordered goods is subject to the availability of the goods. If the goods are not available at the time of ordering, the buyer will be notified of the expected delivery date and the order will be reserved by us. As soon as the goods are in stock, they will be dispatched to the buyer without any further notification. In the event of non-availability, in particular because a limited stock of goods marked as such is exhausted (e.g. vintage wine), the buyer will be informed by us. Payments already made will then be refunded immediately.
10. reservation of title
(1) The goods shall remain our property until the purchase price has been paid in full.
(2) If the Buyer is not a consumer within the meaning of Section 13 BGB, the following paragraphs 3 to 9 shall apply in addition:
(3) We reserve title to the goods until full settlement of all existing and future claims arising from the current business relationship with the Buyer (reserved goods). Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
(4) The buyer is obliged to treat the reserved goods with care and to store them at his own expense.
(5) The purchaser is entitled to sell or process the reserved goods in the ordinary course of business. In this case, the buyer hereby assigns to us all claims in the amount of the invoice amount that accrue to him from the resale. We accept the assignment, but the buyer is authorized to collect the claims. If the buyer does not properly meet his payment obligations, we reserve the right to collect claims ourselves.
(6) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
(7) We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
(8) The Buyer is obliged to inform us immediately of any access by third parties to the reserved goods. Furthermore, he is obliged to inform the respective third party of our ownership. If the third party is not in a position to reimburse us for the judicial or extrajudicial costs incurred in this connection, the Buyer shall be liable for these.
(9) If the Buyer acts in breach of contract – in particular in the event of default in payment – we shall be entitled to demand the return of the purchased item. After taking back the goods, which shall be deemed a withdrawal from the contract, we shall be authorized to sell them. We shall offset the proceeds of the sale less the costs of sale against the buyer’s liabilities.
11. transportation damage
(1) If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer or installer and contact us as soon as possible.
(2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights if you are a consumer. However, you will help us to assert our own claims against the carrier or the transport insurance company.
12. warranty
(1) Unless expressly agreed otherwise, warranty claims shall be governed by the statutory provisions of sales law (§§ 433 ff. BGB).
(2) If the buyer is an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply in accordance with the following paragraphs 3 to 7.
(3) Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
(4) The Buyer is obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects immediately upon receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims shall be excluded in the event of a breach of the obligation to inspect and give notice of defects.
(5) In the event of defects, we shall provide warranty at our discretion by repair or replacement (subsequent performance). In the event of rectification of defects, we shall not be required to bear the increased costs arising from the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.
(6) If the subsequent performance fails twice, the buyer may, at his discretion, demand a reduction in price or withdraw from the contract. An exception to this is the delivery and installation of fitted kitchens. In this case, the seller undertakes to make full use of all possibilities within his responsibility. The seller cannot be held responsible for incorrect deliveries by individual suppliers.
(7) The warranty period is two years from delivery of the goods. This limitation shall not apply to claims for damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims for other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
13. liability
(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence as well as in accordance with the German Product Liability Act. We shall be liable for slight negligence in the event of injury to life, limb and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
14. modification of the conditions
(1) These terms and conditions may be amended by us at any time. The Buyer’s orders shall be subject to the current terms and conditions, which we shall refer to again separately in the context of the Buyer’s order.
(2) Changes or additions to these terms and conditions that affect existing customer accounts of registered customers, in particular changes to section 2, shall only be made if this is necessary due to legal or functional adjustments to our online store, e.g. in the event of technical changes or adjustments to the registration process or the administration of the customer account.
(3) Amendments or supplements in accordance with paragraph 2 shall be announced to the customer by e-mail at least four weeks before they come into effect, without the amended or supplemented terms and conditions having to be sent in detail or the new version of the terms and conditions as a whole; notification of the amendments or supplements made shall suffice. In the announcement, we will provide a link where the new version of the terms and conditions can be viewed in full.
(4) If the customer does not object to the change or addition in accordance with paragraph 2 within 14 days of the announcement of the change or addition, this shall be deemed to constitute consent to the change or addition; we shall make separate reference to this in the announcement.
15. final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) If the Buyer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions shall be Leipzig.
